Ancient Law: Its Connection with the Early History of Society, and Its Relation to Modern Ideas |
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Page 2
... prowess of warriors and the potency of gods , there is no reason to believe that it has tampered with moral or metaphysical conceptions which were not yet the subjects of conscious observation ; and in this 2 CHAP . I. ANCIENT CODES .
... prowess of warriors and the potency of gods , there is no reason to believe that it has tampered with moral or metaphysical conceptions which were not yet the subjects of conscious observation ; and in this 2 CHAP . I. ANCIENT CODES .
Page 4
... moral . When a king decided a dispute by a sentence , the judgment was assumed to be the result of direct inspiration . The divine agent , suggesting judicial awards to kings or to gods , the greatest of kings , was Themis . The ...
... moral . When a king decided a dispute by a sentence , the judgment was assumed to be the result of direct inspiration . The divine agent , suggesting judicial awards to kings or to gods , the greatest of kings , was Themis . The ...
Page 16
... moral ordinances , without any regard to differences in their essential character ; and this is consistent with all we know of early thought from other sources , the severance of law from morality , and of religion from law , belonging ...
... moral ordinances , without any regard to differences in their essential character ; and this is consistent with all we know of early thought from other sources , the severance of law from morality , and of religion from law , belonging ...
Page 19
... moral well - being ; and , if they are retained in their integrity until new social wants have taught new practices , the upward march of society is almost certain . But unhappily there is a law of development which ever threatens to ...
... moral well - being ; and , if they are retained in their integrity until new social wants have taught new practices , the upward march of society is almost certain . But unhappily there is a law of development which ever threatens to ...
Page 45
... morals constructed by the publicists of the Low Countries appear to have been much studied by English lawyers , and from the chancellorship of Lord Talbot to the commencement of Lord Eldon's chancellorship these works had considerable ...
... morals constructed by the publicists of the Low Countries appear to have been much studied by English lawyers , and from the chancellorship of Lord Talbot to the commencement of Lord Eldon's chancellorship these works had considerable ...
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Common terms and phrases
Agnatic allodial ancient law archaic authority Cæsar Civil Law civilisation codes Comitia common conception condition Contract conveyance Court criminal dence descendants distinction doctrine duties earliest early Edict eldest Emphyteusis Empire England English epoch Equity Europe existence fact Fcap feudal fiction Greek Heir Hindoo ideas influence inheritance institutions juris jurisconsults jurists Jus Gentium Justinian kings Latin Law of Nature legal fictions legislation LORD Mancipi mankind ment mode modern moral Natural Law never Nexum notion Obligation observed origin ownership Patria Potestas patriarchal period person philosophy political Portrait possession Post 8vo Prætor primitive Primogeniture principle proprietary provinces Quasi-Contract question race relation remarkable res nullius Roman jurisprudence Roman law Roman lawyers Rome rules Second Edition seems slaves social society speculative supposed Testament Testamentary Testator Themistes theory Third Edition tion tribes Twelve Tables universal succession usage Vols Woodcuts
Popular passages
Page 5 - More Worlds than One. The Creed of the Philosopher and the Hope of the Christian.
Page 6 - BUNBURY'S (CJF) Journal of a Residence at the Cape of Good Hope ; with Excursions into the Interior, and Notes on the Natural History and Native Tribes of the Country.
Page 21 - LIVINGSTONE'S SOUTH AFRICA. Missionary Travels and Researches in South Africa ; including a Sketch of Sixteen Years' Residence in the Interior of Africa, and a Journey from the Cape of Good Hope to Loando on the West Coast ; thence across the Continent, down the River Zambesi, to the Eastern Ocean.
Page 170 - Contract. The word Status may be usefully employed to construct a formula expressing the law of progress thus indicated, which, whatever be its value, seems to me to be sufficiently ascertained. All the forms of Status taken notice of in the Law of Persons were derived from, and to some extent are still coloured by, the powers and privileges anciently residing in the Family. If then we employ Status, agreeably with the usage of the best writers, to signify these personal conditions only, and avoid...
Page 21 - LEWIS' (SiR GC) Essay on the Government of Dependencies. Svo. 12s. Glossary of Provincial Words used in Herefordshire and some of the adjoining Counties.
Page 125 - ... the situation in which mankind disclose themselves at the dawn of their history, I should be satisfied to quote a few verses from the...
Page 168 - The movement of the progressive societies has been uniform in one respect. Through all its course it has been distinguished by the gradual dissolution of family dependency, and the growth of individual obligation in its place.
Page 22 - It is indisputable that much the greatest part of mankind has never shown a particle of desire that its civil institutions should be improved, since the moment when external completeness was first given to them by their embodiment in some permanent record.
Page 252 - For, by the law of nature and reason, he, who first began to use it, acquired therein a kind of transient property, that lasted so long as he was using it, and no longer : or, to speak with greater precision, the right of possession continued for the same time only that the act of possession lasted.
Page 123 - It is to be noted, however, that the legal testimony comes nearly exclusively from the institutions of societies belonging to the Indo-European stock, the Romans, Hindoos, and Sclavonians supplying the greater part of it ; and indeed the difficulty, at the present stage of the inquiry, is to know where to stop, to say of what races of men it is not allowable to lay down that the society in which they are united was originally organized on the patriarchal model.